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support and participate in military operations, such as civilian members of military aircrews. 71would include civilian cyber specialists who have been authorized to accompany the armedforces.ItCivilians who take a direct part in hostilities forfeit protection from being made the objectof attack. 7216.6 LEGAL REVIEW OF WEAPONS THAT EMPLOY CYBER CAPABILITIESDoD policy requires the legal review of the acquisition of weapons or weapon systems. 73This policy would include the review of weapons that employ cyber capabilities to ensure thatthey are not per se prohibited by the law of war. 74 Not all cyber capabilities, however, constitutea weapon or weapons system. Military Department regulations address what cyber capabilitiesrequire legal review. 75The law of war does not prohibit the development of novel cyber weapons. Thecustomary law of war prohibitions on specific types of weapons result from State practice andopinio juris demonstrating that a type of weapon is illegal; the mere fact that a weapon is novelor employs new technology does not mean that the weapon is illegal. 76Although which issues may warrant legal analysis would depend on the characteristics ofthe weapon being assessed, a legal review of the acquisition or procurement of a weapon thatemploys cyber capabilities likely would assess whether the weapon is inherentlyindiscriminate. 77 For example, a destructive computer virus that was programmed to spread anddestroy uncontrollably within civilian internet systems would be prohibited as an inherently71 Refer to § 4.15 (Persons Authorized to Accompany the Armed Forces).72 Refer to § 5.9 (Civilians Taking a Direct Part in Hostilities).73 Refer to § 6.2 (DoD Policy of Reviewing the Legality of Weapons).74 Harold Hongju Koh, Legal Adviser, Department of State, International Law in Cyberspace: Remarks asPrepared for Delivery to the USCYBERCOM Inter-Agency Legal Conference (Sept. 18, 2012), reprinted in 54HARVARD INTERNATIONAL LAW JOURNAL ONLINE, 6 (Dec. 2012) (“States should undertake a legal review ofweapons, including those that employ a cyber capability. Such a review should entail an analysis, for example, ofwhether a particular capability would be inherently indiscriminate, i.e., that it could not be used consistent with theprinciples of distinction and proportionality. The U.S. Government undertakes at least two stages of legal review ofthe use of weapons in the context of armed conflict: first, an evaluation of new weapons to determine whether theiruse would be per se prohibited by the law of war; and second, specific operations employing weapons are alwaysreviewed to ensure that each particular operation is also compliant with the law of war.”).75 See, e.g., DEPARTMENT OF THE ARMY REGULATION 27-53, Review of Legality of Weapons Under InternationalLaw (Jan. 1, 1979); SECRETARY OF THE NAVY INSTRUCTION 5000.2E, Department of the Navy Implementation andOperation of the Defense Acquisition System and the Joint Capabilities Integration and Development System (Sept.1, 2011); DEPARTMENT OF THE AIR FORCE INSTRUCTION 51-402, Legal Reviews of Weapons and Cyber Capabilities(Jul. 27, 2011).76 Refer to § 6.2.1 (Review of New Types of Weapons).77 Refer to § 6.7 (Inherently Indiscriminate Weapons).1008